Telangana High Court

WP/30301/2025 of G. Surendar Goud Vs The State of Telangana, on 7 October 2025

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 30301 OF 2025 Between: G. Surendar Goud, S/o License holder Rl/o. H. District.

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

TUESDAY, THE SEVENTH DAY OF OCTOBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

WRIT PETITION NO: 30301 OF 2025

Between:

G. Surendar Goud, S/o

License holder Rl/o. H.

District.

Papanna Goud, aged about 50 years, occ. Taper and TFT

No. 1-32, Ranipeta village, Kothakota Mandal, Wanaparthy

.....PETITIONER

AND

1. The State of Telangana, Rep. by its Principal Secretary, Excise Department, Secretariat, Hyderabad.

2. The District Prohibition and Excise Officer, Wanaparthy District, Wanaparthy

3. G. Sai Kiran, S/o. G. Rajanna Goud, Aged aboul2T years, Occ. Taper and TFT License Holder, Fl/o. Ranipeta village, Kothakota Mandal, Wanaparthy District.

....RESPONDENTS

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the impugned cancellation order dated 24-09-2025 in tile Rc. No. C/095i2025 cancelling the TFT

License of the petitioner at Counter No.1 of Ranipeta village, Kothakota Mandal, Wanaparthy District on the false complaint of the 3rd respondent who is also one of the TFT License holder in the village, as illegal, unlawful and contrary to law and consequently direct the 2nd respondent to continue the TFT License of the petitioner at Counter No.1 in the above village.

l.A.NO:1 OF 2025

Petition Under Section 1 51 CPC praying that in the cirt rmstances stated in the affidavit fited in support of the petition, the High court rnay be pleased to suspend the opera.ion of the impugned cancellation ord: datec 24-09-2025

issued by the 2nd r:spondent in file RC. No. C/095/2025 b) continuing the TFT

License of the peti.ioner vide License No. KKT/09/2007 C t dated o2l11l2oo7

which is renewed u tto date at Ranipeta village, Kothakota I landa', wanaparthy District, pending disposal of main writ petition- Counsel for the Petitioner : SRI M.DAMODAR REDDY

Counsel for the Respondent Nos.1 & 2 : SRI L.RAVINDER, 3 '] FOR

PROHIBITION AND EXCISE

Counsel for the ResPondent No.3 : --

The Court made the following ORDER

THE HON'I}LE SRI JUSTICE K. LAKSHMAN

WRIT PBTITION No.30301 OF 2025

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ORDER:

Heald Sri M.Darnodal I{cddy. lcarnecl Counsel lbr thc petitioner and Sli L.Ravinder, learrlccl Assistant Govetntnent l'leader for Revcnuc

2. Petitioncr flled thc present rvrit pctition challenging thc irnpugnecl proceedings dated 2'1.09.2025 ol lcspondent No'2. Vile thc albresaitl proceeclirrgs, t'espouclent No.2 cancclled the liccnse of the petitioncl under Section i I ( I Xb) of tlre T'clangana Excise Act, 1968. It is an appealable order itr terLls o1'Scction 63(l) of the Tclangana lixcise Act. lt)68. Thcy ha\re to pref'er an appeal in terms of Section l(r( I ) ol thc Act,2001 bclole the Appellate Authority'

3. Thelc is no disputc with rcgard to the legal position that under the fbltowing three exccptioual circlttnstances though an alternative remedy is availablc, the writ petition is rnaintainable. The said three circumstances are as tb llorvs:- i. A breach ol'lundamental rigltts; ii. A violatiorr of the principles olnatural justice; Iu

4. '['hc sa id principlc rt,as also laid dow'n b1,' t : tliree .ludgc ./\n cxcess of -iurisdiction; ol a challengr' o lllc |ire.s of tirc \tatute or dclcgatcd lcgislation. llcnch ol the Apex Coun in Asst. (lonrntissioner ()r Stntc l'ar v. Comrnercial S(ccl Limitctlr and also Whirlpool l. rrporation r'. Rcgistrar of 'f rnde Marks, Nlumbair. Whcreas, thr, tcse tlt casc. is llot Ihlling in an1, of thc alirr-esaicl tltt'cc crtegorics ltcr-cltrrc, thc 1'rctitionel her:iu cannot cotttcud that though tliere i. rirt al crtrativc l'hcte at'e se v,:ral l-actual aspccts ri hicli this Coutl clttr oI cittrsicler itr a petition lil:d under Articlc 226 ol- thc C--onstrt r Ion c I India 'l'hcrclore, thir; writ petition is not rraiLrtainable arrcl cffrcacious remedy, thc prcscut n,ril pctition is rrtitttrtaitrablc

5. ln the light of thc sanrc, this Writ Petitior s .lnurissed llowever, Iibc rly is granted to the petitioncr to trle i r apl)crl undcr Scction 63( l) ol thc Excisc Act. cha[lenging the i r pugncd ot'dct dated 24.09.2)25 and raisc all the gtor.rttds attd cott, rtti,-rns. rl'hich thcy lrave rairie(l in thc prescnt Writ Pctition, belorl Lhc Appcllate I Nlanu/S C/()80 I /202 I

1t oos y rt scc

J Authority, and it is lor thc Appellate Authority to consiclcr thc same' On filing of such appeal. Appellatc Authority shalt dispose o[ the same iu accordaticc u'ith la"r' Miscellaneous applications, if any pcnding' shall stancl closed There shall be no order as to costs SD P. PONNA KRISHN S TANT REGI //TRUE COPY// CTION OFFICER To

Two CCs to GP FOR PROHIBITION AND EXCISE, of Telangana at Hyderabad. [OUT] h Court for the State

2. One CC to SRI M.DAIVODAR REDDY, Advocate [OPUC]

3. Two CD Copies SA LS a

HIGH COURT DATED:0711012025

ORDER

WP.No.30301 of 2025 DISMISSING THE W.P : .1\ (? * I 2tl sia t-t: [[i

., Spt.,T '(j.(' ) ) .,.

a- (; WITHOUT COSTS.

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